[Adopted 10-5-1978 by Ord. No. 2335 as Ch. 17 of the 1978
Revised General Ordinances); amended in its entirety 9-8-2015 by Ord. No. 15-10]
The provisions of this chapter shall apply to mobile food operations
engaged in the business of cooking, preparing, and/or distributing
food or beverage from mobile retail food vendors on private property
within the City of Englewood.
As used in this chapter, the following terms shall have the
meanings indicated:
Any movable restaurant or retail food establishment in or
on which food and beverage are transported, stored, or prepared for
retail sale or given away at temporary locations. The term "mobile
retail vendor" shall include and incorporate the term "mobile retail
food vendors," as defined in Chapter 13 of the Englewood Health Code.
Only the following mobile units shall be allowed within the City limits
for use as a mobile retail food vendor, none of which shall exceed
35 feet in length:
MOBILE RETAIL MOTORIZED FOOD VENDORA food establishment that is located upon a motorized vehicle where food or beverage is cooked, prepared and served for individual portion service. Such food vendors comply with this chapter and all requirements of this chapter, as well as any other applicable section of this Code. Shall also be known as "mobile retail food vendors."
MOBILE RETAIL NONMOTORIZED FOOD VENDORMovable, nonmotorized unit (i.e., pushcart) where food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
MOBILE RETAIL PREPACKAGED FOOD VENDORSA food establishment that is located upon a motorized vehicle where prepackaged food or beverage is served for individual portion service. Mobile retail prepackaged food vendors shall be subject to Chapter 311, and shall be exempt from the regulations of this chapter.
Sunday through Saturday, mobile retail food vendors shall operate
between the hours of 7:00 a.m. and 6:00 p.m.
No person holding a mobile retail food vendor license and/or
permit shall sell, lend, lease or in any manner transfer any interest
in a mobile retail food vendor license and/or permit.
Mobile food vendors shall only be permitted in the following
location:
A.
The Light Industrial (L-I) Zones throughout the City and the Research,
Industry and Medical (RIM) Zone, excluding the Planned Unit Development
Overlay (PUD-1) Zone north and south of Route 4 on private property.
There shall be no mobile food vendors parked on public property or
streets. There shall be no more than one mobile food vendor permitted
on any property at any time.
A.
Any mobile retail food vendor being operated without a valid mobile
retail food vendor license and/or permit shall be deemed a public
safety hazard and may be ticketed and impounded.
B.
Mobile vendor licensees shall be required to display the mobile retail
vendor license and/or permit prominently when located in a permitted
location. Being the lawful holder of a City of Englewood mobile vendor
license and/or permit shall not be a valid defense to a citation for
failure to prominently display the license in violation of this chapter.
Unless otherwise specified herein, this chapter shall be enforced
by any Code Enforcement Officer, Parking Enforcement Officer, the
Englewood Police Department, and/or the Health Officer.
A.
Mobile retail motorized food vendor business license. The application
fee for a license or any renewal of a license granted by the City
shall be $100. The cost of the annual health certificate shall be
included in this fee.
B.
Mobile retail motorized and nonmotorized food vendor parking permits.
Mobile retail motorized and nonmotorized food vendors operating within
the City of Englewood are required to purchase an annual permit. The
application shall include the proposed location(s) at which the applicant
seeks to park as well as the written consent of the property owner(s).
Only one permit shall be issued per property (i.e., block and lot).
(1)
Permits are available as follows:
|
Time Length
(weekly)
|
Annual Permit Fee
| |
|---|---|---|
|
Motorized
|
7 days
|
$250
|
|
Nonmotorized
|
7 days
|
$50
|
C.
The permits and business licenses shall be renewable on an annual
basis.
A.
Mobile retail food vendors shall not exceed 35 feet.
B.
Mobile retail food vendors shall not provide or allow any dining
area, including but not limited to tables, chairs, booths, bar stools,
benches, and standup counters.
C.
The City reserves the right to temporarily move any mobile retail
food vendor to a nearby location for emergency purposes as determined
in the sole discretion of the City.
D.
All licensees and permittees shall comply with all applicable state
statutes, all applicable City of Englewood ordinances, and any other
law or regulation which may be applicable under the given circumstances.
E.
Mobile retail food vendors shall comply with all ordinances, laws
and regulations relating to noise in effect by the City of Englewood.
Unless otherwise specified herein, any person violating any
provision of this chapter shall, upon conviction thereof before the
Municipal Court, be subject to a fine not exceeding $1,000 or imprisonment
for a period not exceeding 90 days, or both. The amount of such fine
and/or imprisonment shall be determined by the sound discretion of
the Municipal Judge. In addition to the aforementioned penalties,
and as provided for herein, violations of this chapter may subject
the license to suspension or revocation as provided for herein.
